In Criminal Defense

This is a question that comes up now and again. There is no sufficient answer that can be given ahead of time as to what to do if pulled over for suspicion of DUI. All facts and circumstances existing at that time will dictate what you should and shouldn’t do. While this article will not attempt to address all possible scenarios, it will offer some basic information that is important to know.

If you find yourself in the unfortunate circumstance of being pulled over on suspicion of DUI, do not argue with the police officers. Be polite. You have to provide basic identification information, but do not say too much. If the officer is going to arrest you, you will not talk yourself out of it. And anything you say can and will be used against you.

If there is an accident and anyone may be injured, do not say anything, aside from your contact information, until you speak with an attorney.

Unless you are injured or unable to stand, you will be asked to perform field sobriety tests. Comply, but do not argue if the officer claims you failed. You will then be taken into custody and asked to take a chemical test. Usually this will be to submit to a breathalyzer test, but you may be asked to provide a urine sample, especially if you are suspected to be under the influence of a drug, whether prescribed or illegal.

If you are 21 years or older and you refuse to submit to the chemical test, your license will be suspended for 6 months. If you submit and your Blood Alcohol Level is 0.16 or higher, your license will be suspended for 120 Days. If your Blood Alcohol Level is 0.08 or higher and under 0.16 your license will be suspended for 90 days. If you are under 21 the penalties are much greater.

Your suspension will begin at 12:01 AM on the 31st day after your arrest. If you are caught driving while under suspension for DUI, you will be facing new criminal charges and mandatory jail time.

In addition to the Administrative penalties listed above, you will also be facing Criminal Charges at court.

If you are taken to the hospital, the ER staff will likely take a blood sample and the police will later seek a search warrant for the results.

This is intended to provide some basic information. Your specific situation can have other ramifications. It is important to obtain expert, professional assistance and legal advice to protect your rights and minimize the consequences.

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